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County is in line with national group's opposition to water rule

Ruidoso
Published 3:30 p.m. MT May 28, 2015

Opponents of the new water rule worry about federal over-reach. For years, people have questioned if the Rio Ruidoso truly is a navigable waterway.(Photo: Dianne Stallings &#8212; Ruidoso News)

After more than a year of voicing serious concerns and calling for clarity on the federal proposal to redefine "waters of the U.S.," officials with the National Association of Counties this week expressed disappointment the federal Environmental Protection Agency and the U.S. Army Corps of Engineers released the final rule.

Last November, Lincoln County commissioners went on record with a resolution for the second consecutive year opposing the then-proposed rule change related to jurisdiction by the federal government over the nation's waterways. For several years, staff of the two federal agencies worked to clarify the definition of navigable waters, but critics contend the result extends federal control over land uses never envisioned under the federal Constitution. On April 21, 2014, the two agencies jointly released the proposed rule, "Definition of Waters of the United States," under the Clean Water Act to amend the range of waters falling under federal jurisdiction.

After an initial analysis of the published rule, NACo Executive Director Matthew Chase said, "We support clean water. Clean water is essential to the nation's counties on the front lines of preserving local resources, strengthening public safety and promoting economic growth. We have repeatedly called for a collaborative intergovernmental process, greater certainty and a pragmatic rule to advance clean water goals without hindering counties' vast public safety and infrastructure responsibilities.

"While we appreciate the agencies' recent efforts, the flawed consultation process has resulted in a final rule that does not move us closer to achieving clean water goals and creates more confusion than clarity. Counties support commonsense environmental protection, but the final rule expands federal oversight and will create costly delays in critical work without any proven environmental benefit."

The association will continue to work with bipartisan leaders on Capitol Hill to repeal the rule and ensure a collaborative rule making process with state and local governments, he said. "Only when we work together can we achieve the best results for county residents and protect water resources for generations to come," he added.

Late last year, NACo formally called for the proposed rule to be withdrawn until further analysis and meaningful consultation could be completed. The reasons for the delay listed included the proposal's far-reaching impacts on counties, an inadequate consultation process with state and local governments, ambiguous and inconsistent terminology and ongoing delays with the current permitting process.

Over the past year, NACo officials testified before congressional bodies four times, including a bicameral congressional hearing earlier this year. Since the proposal was unveiled in April 2014, NACo has advocated for greater certainty and launched an online resource hub and action center.

Representatives of the EPA contend the rule does not protect any waters that have not historically been covered under the Clean Water Act. The rule reflects a more narrow reading of jurisdiction established by the U.S. Supreme Court and protects fewer waters than prior to that decision, they wrote in "Facts About the Waters of the U.S. Proposal."

Read or Share this story: http://www.ruidosonews.com/story/news/local/2015/05/28/lincoln-county-record-against-new-water-rule/71567162/